1.Short title; table of
contents
(a)This Act may be cited as the Journey Through Hallowed Ground National Heritage Area
Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Definitions.
Sec. 3. Findings and
purposes.
Sec. 4. Journey Through Hallowed Ground
National Heritage Area.
Sec. 5. Authorities and duties of
management entity.
Sec. 6. Approval or disapproval of
management plan.
Sec. 7. Provision of financial and
technical assistance.
Sec. 8. Duties of other Federal
entities.
Sec. 9. Sunset for grants and other
assistance.
Sec. 10. Requirements
for inclusion of private property.
Sec. 11. Private property
protection.
Sec. 12. Use of Federal
funds from other sources.
Sec. 13. Authorization of
appropriations.
2.In this Act:
(1)The term Heritage Area means the Journey
Through Hallowed Ground National Heritage Area.
(2)The term management entity means The Journey
Through Hallowed Ground Partnership, a Virginia nonprofit corporation referred
to in section 4(c), or its successor entity.
(3)The term management plan means the management
plan for the Heritage Area.
(4)The
term partner means—
(A)a Federal, State,
or local governmental entity; and
(B)an organization,
private industry, or individual involved in promoting the conservation and
preservation of the historical, cultural, and recreational resources of the
Heritage Area.
(5)The
term Secretary means the Secretary of the Interior.
3.
(a)The
Congress finds the following:
(1)Numerous sites of
significant American heritage are situated within the boundaries of the Journey
Through Hallowed Ground National Heritage Area established by section 4, which
runs from Gettysburg in the Commonwealth of Pennsylvania, generally along Route
15 in Maryland, looping to Harpers Ferry, West Virginia, back to the Route
15/231 area to Monticello in Albemarle County in the Commonwealth of
Virginia.
(2)Included among the
numerous historically significant sites, structures, battlefields, and
districts are 8 homes of former United States Presidents, the largest
concentration of Civil War battlefields in the country, the greatest
concentration of rural historic districts in the country, 15 National Historic
Landmarks, two World Heritage Sites, 15 Main Street Communities, 11 units of
the National Park System, 52 Historic Districts, and a significant
concentration of Rural Historic Districts, which are collectively and
individually of national significance in the history of the United
States.
(3)In 1996, a
collaborative public-private partnership, including the National Trust for
Historic Preservation, the National Park Service, Scenic America, private
citizens, and a four-State coalition of local and regional governmental and
private sector organizations, began an initiative to assess historic sites
along the Route 15 corridor and surrounding areas. The initiative issued a
comprehensive study of significant sites and structures (cataloguing over
13,000 buildings already on the National Register of Historic Places)
associated with Native American, African American, European American, Colonial
American, Revolutionary, and Civil War history, and concluded that the sites
possess historical, cultural, and architectural value of national significance
and retain a high degree of historical integrity.
(4)The preservation
and interpretation of the sites within the Heritage Area will make a vital
contribution to the understanding of the development and heritage of the United
States for the education and benefit of present and future generations.
(5)The Secretary of
the Interior is responsible for protecting the historical and cultural
resources of the United States.
(6)There are
significant examples of those resources within the Heritage Area that merit the
involvement of the Federal Government to develop programs and projects, in
cooperation with the management entity and local and State governmental bodies,
to adequately conserve, support, protect, and interpret this heritage.
(7)Partnerships
between Federal, State, and local governments, the regional entities of such
governments, the private sector, and citizenry offer the most effective
opportunities for the enhancement and management of the historical sites
throughout the four-State Heritage Area to promote the cultural and historical
attractions of the Heritage Area for visitors and the local economy.
(8)The Journey
Through Hallowed Ground Partnership would be an appropriate management entity
for the Heritage Area.
(b)The
purposes of the Journey Through Hallowed Ground National Heritage Area
are—
(1)to preserve,
support, conserve, and interpret the legacy of the American history created
along the Heritage Area;
(2)to promote
heritage, cultural and recreational tourism and to develop educational and
cultural programs for visitors and the general public;
(3)to recognize and
interpret important events and geographic locations representing key
developments in the creation of America, including Native American, Colonial
American, European American, and African American heritage;
(4)to recognize and
interpret the effect of the Civil War on the civilian population of the
Heritage Area during the war and post-war reconstruction period; and
(5)to enhance a
cooperative management framework to assist the Commonwealth of Virginia, the
State of Maryland, the Commonwealth of Pennsylvania, the State of West
Virginia, and their units of local government, the private sector, and citizens
residing in the Heritage Area in conserving, supporting, enhancing, and
interpreting the significant historic, cultural and recreational sites in the
Heritage Area.
4.Journey Through
Hallowed Ground National Heritage Area
(a)There
is hereby established the Journey Through Hallowed Ground National Heritage
Area.
(b)
(1)The Heritage Area
shall consist of the 175-mile region generally following the Route 15 corridor
and surrounding areas from Adams County, Pennsylvania, through Frederick
County, Maryland, including the Heart of the Civil War Maryland State Heritage
Area, looping through Brunswick, Maryland, to Harpers Ferry, West Virginia,
back through Loudoun County, Virginia, to the Route 15 corridor and surrounding
areas encompassing portions of Loudoun and Prince William Counties, Virginia,
then Fauquier County, Virginia, portions of Spotsylvania and Madison Counties,
Virginia, and Culpepper, Rappahannock, Orange, and Albemarle Counties,
Virginia. The boundaries of the Heritage Area shall include all of those lands
and interests as generally depicted on the map titled Journey Through
Hallowed Ground National Heritage Area
, numbered P90/80,000, and dated
October 2006.
(2)The
map referred to in paragraph (1) shall be on file in the appropriate offices of
the National Park Service.
(c)The management entity for the Heritage Area shall be The
Journey Through Hallowed Ground Partnership, a Virginia nonprofit
corporation.
(d)The board of trustees of the management entity shall
include representatives from a broad cross-section of the individuals,
agencies, organizations, States, and governments that—
(1)are partners of
the management entity; and
(2)will oversee the
development and implementation of the management plan.
5.Authorities and
duties of management entity
(a)Authorities of
the management entity
(1)Authority to
accept fundsThe management
entity may accept funds from any Federal source and from States and their
political subdivisions, private organizations, nonprofit organizations, or any
other person to carry out its authorities and duties under this Act.
(2)The management entity may use funds made available under
this Act for purposes of preparing, updating, and implementing the management
plan. Such purposes may include the following:
(A)Making grants to,
and entering into cooperative agreements with, States and their political
subdivisions, private organizations, non-profit organizations or any other
person.
(B)Hiring and
compensating staff.
(C)Entering into
contracts for goods, services, and leases for office space.
(D)Undertaking any
other initiatives that advance the purposes of the Heritage Area.
(b)The management entity shall develop a management plan for
the Heritage Area that—
(1)presents
comprehensive strategies and recommendations for conservation, funding,
management, and development of the Heritage Area;
(2)takes into
consideration existing State, county, and local plans and involves residents,
public agencies, and private organizations working in the Heritage Area;
(3)includes a
description of actions that units of government and private organizations and
individuals have decided to undertake in furtherance of the purposes of this
Act;
(4)specifies the
existing and potential sources of funding to protect, support, manage, and
develop the Heritage Area;
(5)includes an inventory of the natural,
historical, cultural, architectural, scenic, and recreational resources in the
Heritage Area that wish to be preserved, restored, supported, managed,
developed, or maintained, because of the national historic significance of the
resources;
(6)includes an
analysis of ways in which local, State, and Federal programs may coordinate to
promote the purposes of this Act; including recommendations from the
Commonwealth of Virginia, the States of Maryland and West Virginia, and the
Commonwealth of Pennsylvania (and political subdivisions thereof) for the
management, protection, support, and interpretation of the natural, cultural,
and historical resources of the Heritage Area;
(7)identifies
appropriate partners and partnerships among Federal, State, and local
governments, regional entities, and the private sector in furtherance of the
purposes of the Act;
(8)includes locations
for visitor contact and major interpretive facilities;
(9)includes
provisions for appropriate living history demonstrations and battlefield
reenactments;
(10)includes
provisions for implementing a continuing program of interpretation for
resident, student, and visitor education concerning the resources and values of
the Heritage Area;
(11)includes
provisions for a uniform historical marker and wayside exhibit program in the
Heritage Area, including a provision for marking, with the consent of the
owner, historic structures and properties that are contained within the
historic core areas and contribute to the understanding of the Heritage
Area;
(12)includes
provisions for the protection and interpretation of the natural, cultural, and
historic resources of the Heritage Area consistent with this Act; and
(13)includes
provisions for the development of educational outreach programs for students of
all ages to further the understanding of the vast resources within the Heritage
Area.
(c)Deadline for
submission; prerequisites
(1)The
management entity shall submit the management plan to the Secretary not later
than the end of the three-year period beginning on the date on which funds are
first made available for this Act.
(2)Before
submitting the management plan to the Secretary, the management entity shall
ensure that—
(A)the Commonwealth
of Virginia, the States of Maryland and West Virginia, the Commonwealth of
Pennsylvania, and any political subdivision thereof that would be affected by
the management plan, receives a copy of the management plan;
(B)adequate notice of
availability of the management plan is provided through publication in
appropriate local newspapers in the area of the Heritage Area;
(C)at least one public hearing is conducted by
the management entity at a location within the Heritage Area in each
congressional district included in whole or in part in the Heritage Area to
review and receive comments on the management plan; and
(D)a committee made up of elected officials of
local governments within the boundaries of the Heritage Area, including mayors,
town and county council chairs, and members of borough commissions and boards
of supervisors, has had an opportunity to review, comment on, and approve (by
majority vote) the management plan.
(d)If a management plan is not submitted to the Secretary in
accordance with subsection (c), the Secretary shall not, after the end of the
period specified in such subsection, provide any grant or other assistance
under this Act with respect to the Heritage Area until a management plan for
the Heritage Area is submitted to the Secretary.
(e)Duties of
management entityThe management entity shall—
(1)give priority to
implementing actions set forth in the management plan;
(2)assist units of
government, regional planning organizations, and nonprofit organizations
in—
(A)establishing and
maintaining interpretive materials and exhibits in the Heritage Area;
(B)developing
historical and cultural resources and educational programs in the Heritage
Area;
(C)increasing public awareness of and
appreciation for the natural, historical, cultural, architectural, scenic, and
recreational resources and sites in the Heritage Area;
(D)the restoration of
any historic building relating to the themes of the Heritage Area;
(E)ensuring that
clear signs identifying access points and sites of interest are put in place
throughout the Heritage Area; and
(F)carrying out other
actions that the management entity determines to be advisable to fulfill the
purposes of this Act;
(3)encourage by
appropriate means economic viability in the Heritage Area consistent with the
purposes of this Act;
(4)consider the
interests of diverse governmental, business, nonprofit groups, and individuals
within the Heritage Area; and
(5)for any year in
which Federal funds have been provided to implement the management plan—
(A)conduct public
meetings at least annually regarding the implementation of the management
plan;
(B)submit an annual
report to the Secretary setting forth accomplishments, expenses and income, and
each person to which any grant was made by the management entity in the year
for which the report is made; and
(C)require, for all
agreements entered into by the management entity authorizing expenditure of
Federal funds by any other person, that the person making the expenditure make
available to the management entity for audit all records pertaining to the
expenditure of such funds.
(f)Prohibition on
the acquisition of real propertyThe management entity may not use Federal
funds received under this Act to acquire real property or any interest in real
property. No State or local subdivision of a State shall use any Federal funds
received pursuant to this Act to acquire any interest in real property by
condemnation or otherwise.
6.Approval or
disapproval of management plan
(a)Time for
consideration; criteriaThe Secretary, in consultation with the
Governors of the Commonwealth of Virginia, the States of Maryland and West
Virginia, and the Commonwealth of Pennsylvania, shall approve or disapprove a
management plan submitted under section 5 not later than 180 days after
receiving the plan. In considering the plan, the Secretary shall take into
consideration the following criteria:
(1)The extent to
which the management plan, when implemented, would adequately preserve, support
and protect the significant historical, cultural and recreational resources of
the Heritage Area.
(2)The level of
public participation in the development of the management plan.
(3)The extent to
which the board of trustees of the management entity is representative of the
local governments affected and a wide range of interested organizations and
citizens.
(b)Action following
disapprovalIf the Secretary disapproves a management plan, the
Secretary shall advise the management entity in writing of the reasons for the
disapproval and shall make recommendations for revisions in the management
plan. The Secretary shall approve or disapprove a proposed revision within 180
days after the date it is submitted.
(c)The Secretary shall
review and approve or disapprove any amendment to the management plan that
would make a substantial change to the management plan, as determined by the
Secretary. The review and approval or disapproval of an amendment shall be
conducted in the manner provided under subsections (a) and (b). Funds
appropriated under this Act may not be expended to implement the changes made
by such an amendment unless and until the Secretary approves the
amendment.
(d)If the Secretary does not approve or disapprove the
management plan or amendment thereto within 180 days after it is submitted to
the Secretary, then the management plan or amendment shall be deemed to have
been approved by the Secretary.
(e)Availability of
annual reportsThe management
entity shall post each annual report prepared under section 5(e)(5)(B) on a
website maintained by the management entity.
7.Provision of
financial and technical assistance
(a)Upon the request
of the management entity and subject to the availability of appropriations, the
Secretary may provide technical and financial assistance to the management
entity to carry out its duties under this Act, including updating and
implementing the management plan and, prior to approval of the management plan,
providing assistance for initiatives.
(b)If the Secretary
has the resources available to provide technical assistance to the management
entity to carry out its duties under this Act, including updating and
implementing the management plan and, prior to approval of the management plan,
providing assistance for initiatives, the Secretary shall provide such
assistance upon the request of the management entity. Technical assistance
provided under this subsection shall be provided on a reimbursable basis,
except that this subsection does not preclude the Secretary from providing
nonreimbursable assistance under subsection (a).
(c)In
assisting the management entity, the Secretary shall give priority to actions
that assist in—
(1)the implementation
of the management plan;
(2)the provision of
educational assistance and advice regarding management of the significant
historic resources of the region;
(3)the development
and application of techniques promoting the preservation of cultural,
recreational and historic properties;
(4)the preservation,
restoration, and reuse of publicly and privately owned historic
buildings;
(5)the design and
fabrication of a wide range of interpretive materials based on the management
plan, including, among other things, guide brochures, visitor displays,
audio-visual, books, interpretive dialogues, interactive exhibits, and
educational curriculum materials for public education; and
(6)the implementation
of initiatives prior to approval of the management plan.
(d)As a condition of
providing financial assistance under this section to the management entity, the
Secretary shall require the recipient to provide matching funds in an amount
equal to the amount of the financial assistance provided by the Secretary.
Recipient matching funds—
(1)shall be derived
from non-Federal sources; and
(2)may be made in the
form of in-kind contributions of goods and services fairly valued.
8.Duties of other
Federal entitiesAny Federal
entity conducting or supporting activities directly affecting the Heritage Area
shall—
(1)consult with the
Secretary and the management entity with respect to such activities;
(2)cooperate with the
Secretary and the management entity in carrying out their duties under this Act
and, to the maximum extent practicable, coordinate such activities with the
carrying out of such duties; and
(3)to the maximum
extent practicable, conduct or support such activities in a manner that the
management entity determines shall not have an adverse effect on the Heritage
Area.
9.Sunset for grants
and other assistanceThe
Secretary may not make any grant or provide any other financial assistance
under this Act after the expiration of the 15-year period beginning on the date
that funds are first made available for this Act.
10.Requirements for
inclusion of private property
(a)Notification and
consent of property owners requiredNo privately owned property shall be
preserved, conserved, or promoted under the management plan unless and until
the owner of that private property has been—
(1)notified in
writing by the management entity; and
(2)given written consent to the management
entity for such preservation, conservation, or promotion.
(b)Any owner of private property included within the
boundaries of the Heritage Area shall have their property immediately removed
from the boundaries by submitting a written request to the management
entity.
(c)If private property
included within the boundaries of the Heritage Area has been excluded from the
Heritage Area or has not been preserved, conserved, or promoted under the
management plan because the owner has not given or has withdrawn consent, upon
change of ownership of that private property, the management entity may request
consent from the new owners.
11.Private property
protection
(a)Access to
private propertyNothing in this Act shall be construed
to—
(1)require any
private property owner to allow public access (including Federal, State, or
local government access) to such private property; or
(2)modify any
provision of Federal, State, or local law with regard to public access to or
use of private property.
(b)Designation
of the Heritage Area shall not be considered to create any liability, or to
have any effect on any liability under any other law, of any private property
owner with respect to any persons injured on such private property.
(c)Recognition of
authority to control land useNothing in this Act shall be construed to
modify the authority of Federal, State, or local governments to regulate land
use, including the authority of Federal, State, and local governments to make
safety improvements or increase the capacity of existing roads or to construct
new roads.
(d)Participation of
private property owners in heritage areaNothing in this Act
shall be construed to require the owner of any private property located within
the boundaries of the Heritage Area to participate in or be associated with the
Heritage Area.
(e)The boundaries designated for the Heritage Area
represent the area within which Federal funds appropriated for the purpose of
this Act may be expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting regulatory
authority on land use within the Heritage Area or its viewshed by the
Secretary, the National Park Service, or the management entity.
12.Use of Federal
funds from other sourcesNothing in this Act shall preclude the
management entity from using Federal funds available under Acts other than this
Act for the purposes for which those funds were authorized.
13.Authorization of
appropriations
(a)Authorization of
appropriationsSubject to subsection (b), there are authorized to
be appropriated to carry out this Act not more than $1,000,000 for any fiscal
year. Funds so appropriated shall remain available until expended.
(b)Limitation on
total amounts appropriatedNot more than $10,000,000 may be
appropriated to carry out this Act.
1.This Act may be cited as the
Journey Through Hallowed Ground
National Heritage Area Act
.
2.In this Act:
(1)The term Heritage Area means the Journey
Through Hallowed Ground National Heritage Area.
(2)The term management entity means The Journey
Through Hallowed Ground Partnership, a Virginia nonprofit corporation referred
to in section 3(c), or its successor entity.
(3)The term management plan means the management
plan for the Heritage Area.
(4)The
term partner means—
(A)a Federal, State, or
local governmental entity; and
(B)an organization, private
industry, or individual involved in promoting the conservation and preservation
of the historical, cultural, and recreational resources of the Heritage
Area.
(5)The
term Secretary means the Secretary of the Interior.
3.Journey Through Hallowed
Ground National Heritage Area
(a)There
is hereby established the Journey Through Hallowed Ground National Heritage
Area.
(b)
(1)The Heritage Area
shall consist of the 175-mile region generally following the Route 15 corridor
and surrounding areas, as generally depicted on the map entitled Journey
Through Hallowed Ground National Heritage Area
, numbered P90/80,000,
and dated October 2006.
(2)The
map referred to in paragraph (1) shall be on file in the appropriate offices of
the National Park Service.
(c)The management entity for the Heritage Area shall be The
Journey Through Hallowed Ground Partnership, a Virginia nonprofit
corporation.
(d)The board of trustees of the management entity shall
include representatives from a broad cross-section of the individuals,
agencies, organizations, States, and governments that—
(1)are partners of the
management entity; and
(2)will oversee the
development and implementation of the management plan.
4.Authorities and duties
of management entity
(a)Authorities of the
management entity
(1)Authority to accept
fundsThe management entity
may accept funds from any Federal source and from States and their political
subdivisions, private organizations, nonprofit organizations, or any other
person to carry out its authorities and duties under this Act.
(2)The management entity may use funds made available under
this Act for purposes of preparing, updating, and implementing the management
plan. Such purposes may include the following:
(A)Making grants to, and
entering into cooperative agreements with, States and their political
subdivisions, private organizations, non-profit organizations or any other
person.
(B)Hiring and compensating
staff.
(C)Entering into contracts
for goods, services, and leases for office space.
(D)Undertaking any other
initiatives that advance the purposes of the Heritage Area that are recommended
in the management plan.
(b)The management entity shall develop a management plan for
the Heritage Area that—
(1)presents comprehensive
strategies and recommendations for conservation, funding, management, and
development of the Heritage Area;
(2)takes into consideration
existing State, county, and local plans and involves residents, public
agencies, and private organizations working in the Heritage Area;
(3)includes a description of
actions that units of government and private organizations and individuals have
decided to undertake in furtherance of the purposes of this Act;
(4)specifies the existing
and potential sources of funding to protect, support, manage, and develop the
Heritage Area;
(5)includes an inventory of the natural,
historical, cultural, architectural, scenic, and recreational resources in the
Heritage Area that wish to be preserved, restored, supported, managed,
developed, or maintained, because of the national historic significance of the
resources;
(6)includes an analysis of
ways in which local, State, and Federal programs may coordinate to promote the
purposes of this Act; including recommendations from the Commonwealth of
Virginia, the States of Maryland and West Virginia, and the Commonwealth of
Pennsylvania (and political subdivisions thereof) for the management,
protection, support, and interpretation of the natural, cultural, and
historical resources of the Heritage Area;
(7)identifies appropriate
partners and partnerships among Federal, State, and local governments, regional
entities, and the private sector in furtherance of the purposes of the
Act;
(8)includes locations for
visitor contact and major interpretive facilities;
(9)includes provisions for
appropriate living history demonstrations and battlefield reenactments;
(10)includes provisions for
implementing a continuing program of interpretation for resident, student, and
visitor education concerning the resources and values of the Heritage
Area;
(11)includes provisions for
a uniform historical marker and wayside exhibit program in the Heritage Area,
including a provision for marking, with the consent of the owner, historic
structures and properties that are contained within the historic core areas and
contribute to the understanding of the Heritage Area;
(12)includes provisions for
the protection and interpretation of the natural, cultural, and historic
resources of the Heritage Area consistent with this Act; and
(13)includes provisions for
the development of educational outreach programs for students of all ages to
further the understanding of the vast resources within the Heritage
Area.
(c)Deadline for
submission; prerequisites
(1)The
management entity shall submit the management plan to the Secretary not later
than the end of the three-year period beginning on the date on which funds are
first made available for this Act.
(2)Before
submitting the management plan to the Secretary, the management entity shall
ensure that—
(A)the Commonwealth of
Virginia, the States of Maryland and West Virginia, the Commonwealth of
Pennsylvania, and any political subdivision thereof that would be affected by
the management plan, receives a copy of the management plan;
(B)adequate notice of
availability of the management plan is provided through publication in
appropriate local newspapers in the area of the Heritage Area;
(C)at least one public hearing is conducted by
the management entity at a location within the Heritage Area in each
congressional district included in whole or in part in the Heritage Area to
review and receive comments on the management plan; and
(D)a committee made up of elected officials of
local governments within the boundaries of the Heritage Area, including mayors,
town and county council chairs, and members of borough commissions and boards
of supervisors, has had an opportunity to review, comment on, and approve (by
majority vote) the management plan.
(d)If a management plan is not submitted to the Secretary in
accordance with subsection (c), the Secretary shall not, after the end of the
period specified in such subsection, provide any grant or other assistance
under this Act with respect to the Heritage Area until a management plan for
the Heritage Area is submitted to the Secretary.
(e)Duties of management
entityThe management entity shall—
(1)give priority to
implementing actions set forth in the management plan;
(2)assist units of
government, regional planning organizations, and nonprofit organizations
in—
(A)establishing and
maintaining interpretive materials and exhibits in the Heritage Area;
(B)developing historical and
cultural resources and educational programs in the Heritage Area;
(C)increasing public awareness of and
appreciation for the natural, historical, cultural, architectural, scenic, and
recreational resources and sites in the Heritage Area;
(D)the restoration of any
historic building relating to the themes of the Heritage Area;
(E)ensuring that clear signs
identifying access points and sites of interest are put in place throughout the
Heritage Area; and
(F)carrying out other
actions that the management entity determines to be advisable to fulfill the
purposes of this Act;
(3)encourage by appropriate
means economic viability in the Heritage Area consistent with the purposes of
this Act;
(4)consider the interests of
diverse governmental, business, nonprofit groups, and individuals within the
Heritage Area; and
(5)for any year in which
Federal funds have been provided to implement the management plan—
(A)conduct public meetings
at least annually regarding the implementation of the management plan;
(B)submit an annual report
to the Secretary setting forth accomplishments, expenses and income, and each
person to which any grant was made by the management entity in the year for
which the report is made; and
(C)require, for all
agreements entered into by the management entity authorizing expenditure of
Federal funds by any other person, that the person making the expenditure make
available to the management entity for audit all records pertaining to the
expenditure of such funds.
(f)Prohibition on the
acquisition of real propertyThe management entity may not use Federal
funds received under this Act to acquire real property or any interest in real
property. No State or local subdivision of a State shall use any Federal funds
received pursuant to this Act to acquire any interest in real property by
condemnation or otherwise.
5.Approval or disapproval
of management plan
(a)Time for consideration;
criteriaThe Secretary, in consultation with the Governors of the
Commonwealth of Virginia, the States of Maryland and West Virginia, and the
Commonwealth of Pennsylvania, shall approve or disapprove a management plan
submitted under section 4 not later than 180 days after receiving the plan. In
considering the plan, the Secretary shall take into consideration the following
criteria:
(1)The extent to which the
management plan, when implemented, would adequately preserve, support and
protect the significant historical, cultural and recreational resources of the
Heritage Area.
(2)The level of public
participation in the development of the management plan.
(3)The extent to which the
board of trustees of the management entity is representative of the local
governments affected and a wide range of interested organizations and
citizens.
(b)Action following
disapprovalIf the Secretary disapproves a management plan, the
Secretary shall advise the management entity in writing of the reasons for the
disapproval and shall make recommendations for revisions in the management
plan. The Secretary shall approve or disapprove a proposed revision within 180
days after the date it is submitted.
(c)The Secretary shall
review and approve or disapprove any amendment to the management plan that
would make a substantial change to the management plan, as determined by the
Secretary. The review and approval or disapproval of an amendment shall be
conducted in the manner provided under subsections (a) and (b). Funds
appropriated under this Act may not be expended to implement the changes made
by such an amendment unless and until the Secretary approves the
amendment.
(d)Availability of annual
reportsThe management entity
shall post each annual report prepared under section 4(e)(5)(B) on a website
maintained by the management entity.
6.Provision of financial
and technical assistance
(a)Upon the request
of the management entity and subject to the availability of appropriations, the
Secretary may provide technical and financial assistance to the management
entity to carry out its duties under this Act, including updating and
implementing the management plan and, prior to approval of the management plan,
providing assistance for initiatives.
(b)
(1)The Secretary, on
request of the management entity, may provide technical assistance to the
management entity to carry out the duties of the management entity under this
Act, including updating and implementing the management plan and, prior to
approval of the management plan, providing assistance for initiatives.
(2)Technical assistance provided under this
subsection shall be provided on a reimbursable basis, except that this
subsection does not preclude the Secretary from providing nonreimbursable
assistance under subsection (a).
(c)In
assisting the management entity, the Secretary shall give priority to actions
that assist in—
(1)the implementation of the
management plan;
(2)the provision of
educational assistance and advice regarding management of the significant
historic resources of the region;
(3)the development and
application of techniques promoting the preservation of cultural, recreational
and historic properties;
(4)the preservation,
restoration, and reuse of publicly and privately owned historic
buildings;
(5)the design and
fabrication of a wide range of interpretive materials based on the management
plan, including, among other things, guide brochures, visitor displays,
audio-visual, books, interpretive dialogues, interactive exhibits, and
educational curriculum materials for public education; and
(6)the implementation of
initiatives prior to approval of the management plan.
(d)As a condition of
providing financial assistance under this section to the management entity, the
Secretary shall require the recipient to provide matching funds in an amount
equal to the amount of the financial assistance provided by the Secretary.
Recipient matching funds—
(1)shall be derived from
non-Federal sources; and
(2)may be made in the form
of in-kind contributions of goods and services fairly valued.
7.Duties of other Federal
entitiesAny Federal entity
conducting or supporting activities directly and significantly affecting the
Heritage Area shall—
(1)consult with the
Secretary and the management entity with respect to the activities;
(2)cooperate with the
Secretary and the management entity in carrying out the duties of the Secretary
and the management entity under this Act and, to the maximum extent
practicable, coordinate the activities with the carrying out of the duties;
and
(3)to the maximum extent
practicable, conduct or support the activities in a manner that shall not have
an adverse effect on the Heritage Area.
8.Private property and
regulatory protectionsNothing
in this Act—
(1)abridges the rights of
any property owner (whether public or private), including the right to refrain
from participating in any plan, project, program, or activity conducted within
the Heritage Area;
(2)requires any property
owner to permit public access (including access by Federal, State, or local
agencies) to the property of the property owner, or to modify public access or
use of property of the property owner under any other Federal, State, or local
law;
(3)alters any duly adopted
land use regulation, approved land use plan, or other regulatory authority of
any Federal, State or local agency, or conveys any land use or other regulatory
authority to the management entity;
(4)authorizes or implies the
reservation or appropriation of water or water rights;
(5)diminishes the authority
of the State to manage fish and wildlife, including the regulation of fishing
and hunting within the Heritage Area; or
(6)creates any liability, or
affects any liability under any other law, of any private property owner with
respect to any person injured on the private property.
9.
(a)Not later than 3 years before the date on which authority
for Federal funding terminates for the Heritage Area, the Secretary
shall—
(1)conduct an evaluation of
the accomplishments of the Heritage Area; and
(2)prepare a report in
accordance with subsection (c).
(b)An
evaluation conducted under subsection (a)(1) shall—
(1)assess the progress of
the management entity with respect to—
(A)accomplishing the
purposes of the authorizing legislation for the Heritage Area; and
(B)achieving the goals and
objectives of the approved management plan for the Heritage Area;
(2)analyze the Federal,
State, local, and private investments in the Heritage Area to determine the
leverage and impact of the investments; and
(3)review the management
structure, partnership relationships, and funding of the Heritage Area for
purposes of identifying the critical components for sustainability of the
Heritage Area.
(c)
(1)Based on the evaluation conducted under subsection
(a)(1), the Secretary shall prepare a report that includes recommendations for
the future role of the National Park Service, if any, with respect to the
Heritage Area.
(2)If the report prepared under paragraph (1) recommends
that Federal funding for the Heritage Area be reauthorized, the report shall
include an analysis of—
(A)ways in which Federal
funding for the Heritage Area may be reduced or eliminated; and
(B)the appropriate time
period necessary to achieve the recommended reduction or elimination.
(3)On completion of the report, the Secretary shall submit
the report to—
(A)the Committee on Energy
and Natural Resources of the Senate; and
(B)the Committee on Natural
Resources of the House of Representatives.
10.Use of Federal funds
from other sourcesNothing in
this Act shall preclude the management entity from using Federal funds
available under Acts other than this Act for the purposes for which those funds
were authorized.
11.Sunset for grants and
other assistanceThe Secretary
may not make any grant or provide any other financial assistance under this Act
after the expiration of the 15-year period beginning on the date of enactment
of this Act.
12.Authorization of
appropriations
(a)Authorization of
appropriationsSubject to subsection (b), there are authorized to
be appropriated to carry out this Act not more than $1,000,000 for any fiscal
year. Funds so appropriated shall remain available until expended.
(b)Limitation on total
amounts appropriatedNot more
than $10,000,000 may be appropriated to carry out this Act.
January 17, 2007
Reported with an amendment